Legal Opinion

Carroll v. Tomlinson

Illinois Supreme Court

Decided October 24, 1901PublishedCited by 9 opinions

Appeal from the Circuit Court of Mercer county; the Hon. W. H. Gest, Judge, presiding.

1Opinion of the CourtJustice Cartwright

On March 3, 1898, Edwin H. Carroll, one of the appellants, held a mortgage upon one hundred and twenty acres of land in Mercer' county, executed by William A. Kincaid and wife August 12, 1895, to secure a note for $2400, with interest at seven per cent. Kincaid and wife had conveyed the equity of redemption to Alfred Tomlin-son, the appellee, and Otis Whan. The interest was in arrears and Carroll was insisting upon payments being made to reduce the amount due, or upon further security. Negotiations yere begun, which culminated March 10, 1898, in an agreement, by which Tomlinson and Whan…

2Cases cited2 opinions

  1. Rue v. DoleIllinois Supreme Court · 1883
  2. Jackson v. LynchIllinois Supreme Court · 1889

3Cited by9 opinions

  1. Holmberg v. Hardee TrusteesSupreme Court of Florida · 1925
  2. Brumick v. MorrisSupreme Court of Florida · 1938
  3. Bolln v. La Prele Live Stock Co.Wyoming Supreme Court · 1921
  4. Masterson v. Ginners' Mut. Underwriters' Ass'n of TexasCourt of Appeals of Texas · 1920
  5. Van Tieghem v. SushenkaAppellate Court of Illinois · 1929

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